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HomeMy WebLinkAboutSD-05-90 - Supplemental - 0045 Simpson CourtU- January 25, 2006 City of South Burlington Attn: Ray Belair — Zoning Administrative Officer 575 Dorset Street South Burlington, VT 05403 RE: Leon & Jane Brown - #SD-05-90 Dear Mr. Bela.ir: TRUDELL CONSULTING ENGINEERS (TCE) tel: 802-879-6331 fax: 802-879-0060 www.trudellconsulting.com Leon Brown recently forwarded me a copy of the minutes from the December 200h, 2005 Development Review Board Meeting. I would like to point out that I was misquoted in the minutes. The minutes read that "Mr. Gallo said R-4 was not defined anywhere in the regulations", when I actually said that maximum residential density was not defined. All of the districts are established in the regulations, but the term maximum residential density is not. I realize that the sketch plan was not a formal public hearing, but Mr. Brown would like the record to be accurate nonetheless. Please add this notice to the sketch plan records pertaining to Mr. Brown's property at 45 Simpson Court. Very truly yours, TRUDELL CONSULTING ENGINEERS (TCE) Bob Gallo Project Engineer cc. Leon Brown SATCE PROJE("MO055140 BROWMRBelair 012506.doe P.O. Box 308 478 Blair Park Road Williston, Vermont 05495 Civil Engineering, Surveying, Land Planning, Water and Wastewater, Landscape Architecture. Roadway Design, Permitting SOUTH BURLINGTON PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VT 05403 (802)846-4lo6 January 18, 2oo6 Leon & Jane Brown 12 Ruth Street South Burlington, VT 05403 Re: Minutes - 45 Simpson Court Dear Mr. & Mrs. Brown: For your records, enclosed is a copy of the approved minutes from the December 20, 2005 Development Review Board meeting. If you have any questions, feel free to contact me. Sincerely, 6-�Ik - Betsy McDonough Planning & Zoning Assistant Encl. DEVELOPMENT REVIEW BOARD 20 DECEMBER 2005 Sketch plan application #SD-05-90 of Leon & Jane Brown to subdivide a 19,000 sq. ft. parcel developed with a single family dwelling into two lots of 9500 sq. ft. each, 45 Simpson Court: Mr. Belair noted the property is in the R-4 zone which allows 4 units per acre. If you put 2 units on 19,000 sq. feet, you would exceed the 4/acre zoning. Mr. Gallo said R-4 is not defined anywhere in the Regulations. Mr. Dinklage said this is the basis on which the entire zoning document is constructed. He stressed that the proposed plan would not be allowed. Mr. Bolton said if the applicant could acquire some land from an adjacent property owner, it could be done. 10. Sketch Plan Application #SD-05-91 of Charles & Judith Scott to subdivide a 46.2 acre parcel developed with a single family dwelling into three lots, lots 5a and 5b (3 acres each) and lot 5c (40.2 acres), 250 Autumn Hill Road: Mr. Scott noted that under the old zoning they could build 56 houses. They were approached by the city to set aside land. The eventual agreement allows the Scotts to maintain their home and set aside land for one more home. The City now has a conservation easement on the land although the Scotts still own it. Sometime in the future, the city might be interested in purchasing the 40.2 acres for a nature preserve. Mr. Scott then showed the 2 proposed building lots. They also propose that continuation of the access be removed from the official city map. Mr. Belair said staff agrees. Mr. Alex Blair asked what access there will be to the 40.2 acre piece. Mr. Dinklage said there is no public access to that land at present. The Scotts still own it. Mr. Dinklage noted the Fire Chief has asked that the new house be sprinklered. No other issues were raised. 11. Public Hearing: Appeal #AO-05-05 of Thomas Chase appealing decision of the Administrative Officer to issue Notice of Violation #NV-05-17 for a zoning violation at 42 Airport Road: Mr. Belair stated that he discovered a number of rental vehicles stored on the property. There was no application for this use; there is only a personal instruction facility approved. Mr. Chase said there are 22-24 parking spaces approved for the property. The building adjacent to the property used those parking spaces at one time. When the use was changed to personal instruction, the parking spaces were still kept. He felt since the parking spaces were there, it didn't matter what cars were parked in them. He said there is no car rental business on the property. -5- Ray Belair From: Janet DeWitt Udewitt2003@hotmail.com] Sent: Tuesday, December 20, 2005 3:06 PM To: rbelair@sburl.com Subject: Brown property at 45 Simpson Court I understand that Leon Brown would like to sub -divide the property at 45 Simpson Court and build a rental unit on the property. I also understand that the property is .437 of an acre which is too small for two units according to the city development laws. I would like to go on record as a person of interest should this go further. Thank you. Janet DeWitt 40 Sunset Avenue South Burlington, VT 05403 802-863-3777 1 N/F BACKES, CATHERINE N/F CASEY, DORIS M I I I I N/F MARY WICKS REVOCABLE TRUST I I I I I I I I I I ' I I I I I I I I N/F I LEOPOLD RICHARD & BARBARA I I I O z fr�sa, UTILITY NOTE UTILITY LOCATIONS ARE APPROXIMATE, AND ARE NOT BASED ON AS -BUILT DRAWNGS. THE LOCATIONS WHERE THE UTILITIES ENTER THE HOUSE AT 45 SIMPSON COURT ARE EXACT, AND TAKEN FROM FIELD MEASURMENTS. ZONING NOTES - R4 ZONING DISTRICT - 9500 SQUARE FOOT MINIMUM LOT SIZE - 20 PERCENT MAXIMUM BUILDING COVERAGE 40 PERCENT MAXIMUM TOTAL COVERAGE 30-FOOT FRONT YARD SETBACK 10-FOOT SIDE YARD SETBACK 30-FOOT REAR YARD SETBACK LOT COVERAGE INFORMATION LOT 1 EXISTING X PROPOSED X BUILDING 11.4 20 TOTAL 17.5 32.2 FRONT YARD SIMPSON CT 14.7 BIRCH 0 14.7 0 LOT 2 EXISTING X PROPOSED X BUILDING N/A QO TOTAL N/A <40 FRONT YARD N/A Q AX N/F CAMPBELL, ROBERT & WANDA EXISTING GARAGE R CANOPY (693 SF) EXISTING HOUSE (1470 SF) I PURPOSE OF PLAN THE PURPOSE OF THIS PLAN IS TO SHOW THE PROPOSED SUBDIVSION OF THE PROPERTY LOCATED AT 45 SIMPSON COURT. THE PROPOSAL SUBDIVIDES THE 19,000 50UARE FOOT LOT INTO TWO 9,500 SQUARE FOOTS LOTS. THE MINIMUM LOT SIZE FOR THE R4 DISTRICT IS 9,500 SQUARE FEET. REMOVE 265 SF OF ,, { '��'+ ; CANOPY a' GARAGE (SHADED AREA) I I /I I II I ♦0' ROW I I 20' AOAD --- I I I I I LOT 1 - 19,000 SF (EXISTING) I LOT 1 - 9500 SF (PROPOSED) I I I I I I I I I I I I I I PROPOSED 12' PAVED DRIVE -J I I I I N I I I I I - I I EXISTING 3/4' I I PROPOSED 4' WATER LINE I I EAS LINE EXISTING 4' SEWER LINE - - G SEWER LINE ------- W-- ------------ ---------W-------------------------W---1— +-------- r — — — — — — I I I I I I �- ---------------5--------------L-------------S------------------ r BIRCH STREET I I I I I I I LEGEND EXISTING PROPERTY LINE PROPOSED PROPERTY LINE BUILDING SETBACK - EXISTING SEVER LINE - - - - - - - S - - - - - - - PROPOSED SEWER LINE S EXISTING WATER LINE-------W------- PROPOSED WATER ONE ---W EXISTING GAS LINE --------G------- PROPOSED GAS LINE G EXISTING PAVEMENT - I/F I NIF LAS & MARY HEALEY, MICHAEL & SARAH Graphic Scale Feet 10 0 10 2.0 30 40 LOT 2 - 9500 SF (PROPOSED) PROPOSED 3/4' WATER LNIE ------L---------w----------t---------------------------------- - A A N/F GADWAY, DAVID A LISA N/F I FITZGERALD CHARLES A JOAN t} TRUDELL CONSULTING ENGINEERS (rCE) 476%*Pak Nad P.a B-X6 (BOPa 87963311pharWJ WYNhm, Veaamt 0541% IBOZ 8794OW 4 M* lb on DIe Web at vrww.hddCaauN61g.mn ACONSTIl11C11011 D"VAPM wbndr a- p.+Ynwy pmnba, awpna en � we nowm+no amotuw an net wtwaaa a iFa anaFuctb aoa„ga 2 m'axga pr>aa b m,Nu�ct en srinlsMeE to M ure F wync aeoxnr4 ,padtxvtima, owe/wnbecb ^9,aanw,V mJ ten awpFr. m �vaaxc lc as pepet x ereuaet m w attrum p TnMN ConrlrYn9 GgMwa he ESM — 4 BY ur p mar >aabY b cm,buctlm p tlw e,al,c1, m, mat (M/M) �w �w�wM 4Pc..e. W xcwlM aMrae Mina Aa,eq 9MnIMen ww aeb ae Iota wpowl. 1 M Fnlranrb p rJa maw emMp aM wciw map ma u4n«• m w wa.�M cnwwa m w ao w m�mo Y tlx fagFM. UwYa nyaaMYry la nwa mq a0Y cantwi, tln mat Pb. D odollaa ode By pavltiau Ar 8104 L VIL /t - <,p��K`O IQVAL��5� nunua� holed 7ide LEON & JANE BROWN 45 Simpson Court S. Burlington, Vermont Shoot 71de Subdivision Sketch Plan Drawing NmIlDer: 2005140-50 Exterid0r1: Proledr.u.Nger: RX Dawn: RX Deter 10/24/2005 FA Sole: 1' = 10' Pro1wrdaence• kAd: 2005140CLC Beady Me: Approved SPI CITY OF SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD DEPARTMENT OF PLANNING & ZONING Report preparation date: December 8, 2005 Application received: November 28, 2005 LEON & JANE BROWN - 2 LOT SUBDIVISION 45 SIMPSON COURT SKETCH PLAN APPLICATION #SD-05-90 nda #8 Meetinq Date: December 20. 2005 Owner/Applicant Leon & Jane Brown 15 Ruth Street South Burlinqton, VT 05403 Contact Person Property Information Bob Gallo, Trudell Consulting Eng. Tax Id # 1570-00045-R PO Box 308 Residential 4 (R4) Zoning District Williston, VT 05495 Subject Property (existing) CITY OF SOUTH BURLINGTON 2 DEVELOPMENT REVIEW BOARD DEPARTMENT OF PLANNING & ZONING Leon & Jane Brown, hereinafter referred to as the applicants, are seeking to subdivide a 19,000 sq. ft. lot developed with a single family dwelling into two (2) lots of 9500 sq. ft. each, 45 Simpson Court. Planning and Zoning Assistant Betsy McDonough and Administrative Officer Ray Belair, referred to herein as Staff, have reviewed the plans submitted on November 28, 2005 and have the following comments. Zoning District & Dimensional Requirements Table 1. Dimensional Requirements R4 Zoning;District, Required Proposed ✓Minimum Lot Size 1 9500 sq. ft. 9500 sq. ft. • Maximim Densit 4 units/acre F 4.5 units/acre ✓ zoning compliance • This subdivision results in the maximum residential density of 4 units/acre being exceeded. The DRB does not have the authority to exceed the maximum density permitted in the district. In addition, Section 3.05 (A) of the Land Development Regulations prohibits the reduction of a lot in area such that it will no longer meet the requirements of the regulations. The reduction in the size of the lot at 45 Simpson court as proposed, would result in 4.5 units/acre which exceeds the 4 unit/acre maximum provided in Table C-2 of the Land Development Regulations. Staff recommends that the Development Review Board inform the applicants that were they to pursue subdivision approval for the proposal, the Board would have to deny the application due to their lack of authority to approve a density greater than permitted. submitted, G lair, Administrative Officer Copy to: Bob Gallo, Consulting Engineer I CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 December 15, 2005 Bob Gallo Trudell Consulting Engineers PO Box 3o8 Williston, VT 05495 Re: 45 Simpson Court — Leon & Jane Brown Dear Mr. Gallo: Enclosed is the agenda for next Tuesday's Development Review Board meeting and staff comments to the Board. Please be sure that someone is at the meeting on Tuesday, December 20, 2005 at 7:30 p.m. at the City Hall Conference Room, 575 Dorset Street. If you have any questions, please give us a call. Sincerely, \� oc� Betsy McDonough Planning & Zoning Assistant Encl. CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING 575 DORSET STREET SOUTH BURLINGTON, VT 05403 (802)846-4io6 Ulu PGJ abAr) December 8, 2005 Richard & Barbara Leopold 48 Simpson Court South Burlington, VT 05403 Dear Property Owner: Enclosed is a copy of the draft agenda (please check our website www.sburl.com for the official agenda, posted the Friday before the meeting) for the December 20, 2005 Development Review Board meeting. It includes a proposal for development that abuts your property. Under Title 24, Section 4471 of State law, participation in a municipal regulatory proceeding is required in order to preserve your right to appeal a local development approval to the Vermont Environmental Court. State law specifies that "Participation in a local regulatory proceeding shall consist of offering, through oral or written testimony, a statement of concern related to the subject of the proceeding." If you would like to know more about the proposed development, you may call this office at 846-4106, stop by during regular office hours, or attend the scheduled public meeting. Sincerely, q* 1�1 k Betsy McDonough Planning & Zoning Assistant Encl. CITY OF SOUTH BURLINGTUN DEPARTMENT OF PLANNING AND ZONING 575 DORSET STREET SOUTH BURLINGTON, VT 05403 (802)846-4to6 December 8, 2005 Leon & Jane Brown 15 Ruth Street South Burlington, VT 05403 Dear Property Owner: Ct1SuCCn�a Enclosed is a draft agenda for the December 20, 2005 Development Review Board Meeting. It includes an application for development on your property. This is being sent to you and the abutting property owners to make aware that a public meeting is being held regarding the proposed development. Under Title 24, Section 4471 of State law, participation in a municipal regulatory proceeding is required in order to preserve your right to appeal a local development approval to the Vermont Environmental Court. State law specifies that "Participation in a local regulatory proceeding shall consist of offering, through oral or written testimony, a statement of concern related to the subject of the proceeding." If you would like to know more about the proposed development, you may call this office at 846-41o6, stop by during regular office hours, or attend the scheduled public meeting. Sincerely, <-?* R-( A W Betsy McDonough Planning & Zoning Assistant Encl. cc: Bob Gallo, Trudell Consulting Engineers A ti. Permit Number SD- O - q &r APPLICATION FOR SUBDIVISION SKETCH PLAN REVIEW All information requested on this application must be completed in full. Failure to provide the requested information either on this application form or on the plans will result in your application being rejected and a delay in the review before the Development Review Board. For amendments, please provide pertinent information only. 1) OWNER OF RECORD (Name as shown on deed, mailing address, phone and fax #) L.(506J $ -:5:AV4E ?J&OvJ ry 2) LOCATION OF LAST RECORDED DEED (Book and page #) �oo1L 111l 3) APPLICANT (Name, mailing address, phone and fax L,66►)- 3 St1aE '2;aow N , 15 Cure, s^ . Q, I 4) APPLICANT'S LEGAL INTEREST IN THE PROPERTY (fee simple, option, etc.) DwN&Z-- 5) CONTACT PERSON (Name, mailing address, phone and fax #) 'i> fli> 6-4-+--c-0 IM -2o(ev P�: gt�2-8'1`1-co33t f+ 0°i''4'?9-oocao ©S'H _ 6) PROJECT STREET ADDRESS: ys Stwkesc 0 coyw - 7) TAX PARCEL ID # (can be obtained at Assessor's Office) 1510 -- 00 0 N 8) PROJECT DESCRIPTION a) Existing Uses on Prope (including description and size of each separate use) 1"V10sF s - GAue w-! &e ikowce 3 (011P SF wi (Lw �-� CknoP� b) Proposed Uses on p perty (include descri tion and size of each new use and existing uses to remain) $d DIV 06 gp (siTO SoD Sf L rS - ONE CeIr w l L` Cevikiz GA�lAB► 2vPo �p S r9 �c� L=S Cx�C.i✓ or) 2'MR LAC` c) Total building square footage on property (proposed buildin s and existing buildings to remain) I'i'l0 sf, S.A&L�. -ti 1 c�� �i.6 S-F Cf9r��o�n 2x�SZn'+ram► �.,�T 2 � 1�� �i�`<I.OiN�+ P11,a9�S� l�T"" �F-ti-Tr ► � 1 d) Proposed height of building (if applicable) ,at. tA� 6.9,%4 TD '1&9 .1j t 0C1 e) Number of residential units (if applicable, new units and existing units to remain Lenz- 1 . 1 (&S� As.,.%lce,\ J N "z✓ L.yv '7_' 1 04.sIzW"cv( (Un'L- f) Other (list any other information pertinent to this application not specifically requested above, please note if Overlay Districts are applicable) A .90 n iovt &E- G AD -Vie a n1 l.o-t 1 W, VV 9- W v 9) LOT COVERAGE LO(I 1"T L L'K t L4x- ti' 1H NlA Zd -<20 a) Building: Existing % Proposed I % b) Overall (building, parking, outside storage, etc) LOC-L AST 1N Ltit L,PT\ Existing 11.5— % Prop sed 'L 2 % 5mwd c) Front yard (along each street) Existing lid % Proposed 0 % al�•siUJ�, �� 10) TYPE OF EXISTING OR PROPOSED ENCUMBRANCES ON PRO ERTY (easements, covenants, leases, rights of way, etc.) dNGr 11) PROPOSED EXTENSION, RELOCATION, OR MODIFICATION OF MUNICIPAL FACILITIES (sanitary sewer, water supply, streets, storm drainage, etc.)_ Sewen- 3 lj-6'�-(L �V(tt Lw� �o L o L , •ivy , s-t �tic-- 12) OWNERS OF RECORD OF ALL CONTIGUOUS PROPERTIES & MAILING ADDRESSES (this may be provided on a separate attached sheet) "Tr At C brff1vC:U 13) ESTIMATED PROJECT COMPLETION DATE 0 _ 2wl 14) PLANS AND FEE Plat plans shall be submitted which shows the information listed on Exhibit A attached. Five (5) regular size copies and one reduced copy (I V x 17") of the plans must be submitted. A sketch subdivision application fee is $125. I hereby certify that all the information requested as part of this application has been submitted and is accurate to the best of my knoWge, SIGNATUREPF APPLICANT SI TURE OF PR ERTY OWNER Do not write below this line DATE OF SUBMISSION: I have reviewed this sketch plan application and find it to be: VC,0mplete ❑ or Designee i11�1e�' Casey, Doris M. 42 Simpson Court So. Burlington, VT 05403 Campbell, Robert R. & Wanda J 43 Simpson Court So. Burlington, VT 05403 Mary Wickes Revocable Trust c/o Mary Wicks 44 Simpson Court So. Burlington, VT 05403 Leopold, Richard & Barbara 48 Simpson Court So. Burlington, VT 05403 Aloi, Nicholas J. & Mary H. 53 Simpson Court So. Burlington, VT 05403 Leon & Jane Brown Abutters List Healey, Michael J. & Sarah H. 9 Birch Street So. Burlington, VT 05403 Gadway, David & Lisa 13 Birch Street So. Burlington, VT 05403 Bezio, Danny R. & Wanda M. 16 Birch Street So. Burlington, VT 05403 Fitzgerald, Charles & Joan 17 Birch Street So. Burlington, VT 05403 DeWitt, Janet 40 Sunset Avenue So. Burlington, VT 05403 ALSO LICENSED IN ILLINOIS Brian@hehirlaw.com BRIAN P. HEHIR ATTORNEY AT LAW 239 SOUTH UNION ST. P.O. BOX 1052 BURLINGTON, VT 05402-1052 November 25, 2005 Raymond J. Belair, Administrative Officer Development Review Board 575 Dorset Street South Burlington, Vermont 05403 Re: Proposed 2-lot Subdivision - Sketch Plan Review. Dear Mr. Belair: TEL 802-862-2006 FAX 802-863-2859 Please find enclosed for filing with the Development Review Board a Sketch Plan application in connection with Leon and Jane Brown's proposed 2-lot subdivision at 45 Simpson Court, Exhibit A, Abutters List, and a check in the amount of $125.00 for filing fees. Also find enclosed five (5) full-sized site plans, and one reduced site plan. The proposed lots comply with the applicable minimum lot size in the underlying R4 zoning district. If the Board requires additional information, please don't hesitate to contact me. Mr. and Mrs. Brown would ask that this application for sketch plan review be placed on the next available agenda for review by the DRB. Thank you for your assistance. Very truly yours, Brian P. Hehir Enclosures cc: Leon and Jane Brown (ltr. only) Bob Gallo, P.E. (ltr. only) BH:pjs I I I I I I I I 1 I I I I N/F BACKES, CATHERINE I I i _ 1 N/F CASEY, DOW M I I I N/F j MARWICKS I REVOCAYBLE TRUST I I I I I I i N/F I LEOPOLD RICHARD .l BARBARA I I i i SRMY NOTE LOT COVERAGE INFORMATION PURPOSE OF PLAN — I rore�iouw.�xu�t � � pie � .r u 9.sa rcwa'r�r wee � r r n rr[ vrr or a I ever. um ruor rw rm rrwamrn ire u. rza nc e. mrxr as aem souut r¢r. w , a I ZONBJG NOTES 1 auor o o r o 1 = I - eo-roor ncu xwo srvu rwrr rum ./. au 000rar. ua 1 re� I vsmw arc I .wfso sera tnr S I mm® rrn W 1 va I m � I I A N E C ' p O X U 0- LL N/F DEWITT, JANET _ z - - - - - O / I a° a LL N/F BEZIO. DANNY A WANDA I I 1 I I 1 LOT I - 19,000 SF (EXISTING) I I I LOT 1 - 9500 SF (PROPOSED) I I I LOT 1 - 9wo SF "crosm) I I 1 err. 1 I I I 1 I 1 I I 1 ' emrw er/rP � ; 1 anon i I I,awc snow uc � Mu�l ucW I________W_______ ---------------------- W---1-i------- -r------ -------W -- ------------ ------ - ---------------- — - LEON &JANE BROWN I $ y _________ -- 45 Simpson Court S. Burlington, Vermont BIRCH STREET _ - Subdivision Sketch Plan N/F N/F I N/F I N/F�,e..e, xa..rmc ALOL NICHOLAS A MARY HEALEY, MICHAEL d SARAH GADWAY. DAVID S LISA I FITZGERALD CHARLES d JOAN SP1 N/F CAMPBELL. ROBERT A, WANDA — oFlni sj I